In re L.W.

2024 Ohio 3228
CourtOhio Court of Appeals
DecidedAugust 26, 2024
DocketCA2024-04-004
StatusPublished
Cited by1 cases

This text of 2024 Ohio 3228 (In re L.W.) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re L.W., 2024 Ohio 3228 (Ohio Ct. App. 2024).

Opinion

[Cite as In re L.W., 2024-Ohio-3228.]

IN THE COURT OF APPEALS

TWELFTH APPELLATE DISTRICT OF OHIO

BROWN COUNTY

IN RE: :

L.W., et al. : CASE NO. CA2024-04-004

: OPINION 8/26/2024 :

:

APPEAL FROM BROWN COUNTY COURT OF COMMON PLEAS JUVENILE DIVISION Case Nos. 20233006; 20233007

Zachary A. Corbin, Brown County Prosecuting Attorney, and Mary McMullen, Assistant Prosecuting Attorney, for appellee, Brown County Children Services.

Christopher Bazeley, for appellant.

Katlyn Harris, guardian ad litem for children.

Rachel V. Triplett, guardian ad litem for mother.

Julie D. Steddom, for father.

BYRNE, P.J.

{¶ 1} Appellant ("Mother"), the mother of minor children L.W. ("Logan") and L.C. Brown CA2024-04-004

("Landon"), appeals the decision of the Brown County Court of Common Pleas, Juvenile

Division, granting permanent custody of the children to the Brown County Department of

Job and Family Services ("the Agency").1 For the reasons outlined below, we affirm the

juvenile court's decision.

I. Factual and Procedural Background

{¶ 2} Logan was born to Mother in January 2021, and Landon was born to Mother

in September 2022.2 Mother has Triple X Chromosome Syndrome and displays a flat

affect, developmental delays, learning disabilities, and social functioning deficits. As a

result, Mother has had difficulty providing proper care and a stable environment for her

children.

{¶ 3} Landon was diagnosed with retinopathy of prematurity at birth, a serious

eye condition that can lead to blindness without treatment. Mother canceled or failed to

attend five appointments related to Landon's retinopathy between November 23, 2022

and January 31, 2023. Mother additionally canceled hematology and urology

appointments for Landon in January 2023.

{¶ 4} On January 30, 2023, the Agency received a report of Mother's medical

neglect of Landon, and conducted a home visit the same day. The Agency found Landon

left unattended in a bassinet, flat on his back with a blanket and a bottle that had been

propped up. During the visit, Mother informed the Agency that she did not have food for

the children even though she had an allotment of $750 in SNAP benefits. The Agency

also received a report that Mother often runs out of food for the children, and resorts to

giving Landon water when she is out of formula, even though an infant is at risk for

1. "Logan" and "Landon" are pseudonyms adopted in this opinion for purposes of privacy and readability. In re D.P., 12th Dist. Clermont Nos. CA2022-08-043 and CA2022-08-044, 2022-Ohio-4553, ¶ 1, fn. 1.

2. Logan's father is unknown. During the pendency of this case, Landon's father was living separately from Mother. The juvenile court also terminated Landon's father's parental rights, but he did not appeal. -2- Brown CA2024-04-004

hyponatremia if he regularly consumes more than two ounces of water. During the

Agency's engagement with Mother, Mother did not demonstrate an understanding of the

seriousness of Landon's need for medical care, and even informed the Agency that she

had canceled Landon's last retinopathy appointment simply because it fell on her birthday.

On February 2, 2023, the Agency filed a complaint alleging that Logan and Landon were

neglected and dependent. A shelter care hearing was held on the same day, and the

juvenile court granted temporary custody to the Agency.

{¶ 5} On March 6, 2023, Mother stipulated to the complaint and the children were

adjudicated neglected and dependent. On the same day, the Agency filed a case plan

for the family, noting concerns about Landon's medical needs and that Logan had been

exposed to prenatal substance use, neglected, and witnessed domestic violence. Under

the case plan, Mother was directed to cooperate with the Agency in managing her case,

obtain safe and stable housing, obtain steady employment and income, complete a

mental health assessment and follow any recommendations, complete a psychological

evaluation, complete parenting education and follow any recommendations, and

complete a domestic violence assessment with the YWCA.

{¶ 6} Over the course of the case, Mother was only consistent with scheduled

visits with her children so long as transportation was provided by the Agency. She

attended 25 visits and missed 13 visits, mostly due to a lack of transportation. Mother

does not have a driver's license and relies on others for transportation. During visits, the

Agency noted that Mother tended to focus on one child over the other, and struggled to

care for them simultaneously.

{¶ 7} In June 2023, Mother was evicted from her home for allowing people with

illegal substances to be at the residence. Mother subsequently changed residences six

times during the pendency of the case, each time relying on her boyfriend to provide

-3- Brown CA2024-04-004

housing. Finally, in January 2024, Mother signed a one-year lease for a one-bedroom

apartment in Maysville, Kentucky, with financial assistance from her boyfriend. An

Agency caseworker visited the apartment and noted extensive water damage, mold,

loose flooring, and structural safety concerns, as well as a general lack of cleanliness.

{¶ 8} Mother was unable to maintain a steady job or income. During the

pendency of the case, Mother worked at McDonalds and Dollar General for approximately

two weeks each, and worked at United Dairy Farmers for approximately three weeks, the

longest she had ever been employed. At the time of the permanent custody hearing, she

had just begun a part-time job at Dollar Tree. Mother also attempted to use several

GoFundMe accounts to help pay for child support and medical bills.

{¶ 9} Mother completed a mental health assessment in July 2023, but the results

were invalid due to her lack of truthfulness. The Agency opted not to pay for a full

psychological evaluation due to cost and instead simply directed Mother to pursue mental

health treatment. From August 2023 until January 2024, Mother did not engage in any

mental health services, despite acknowledging that she needed services and potentially

medication for PTSD. Mother was referred for another mental health assessment, but

did not complete it until January 29, 2024, one month after the Agency filed its motion for

permanent custody. The new mental health assessment recommended she undergo

individual treatment for six to twelve months.

{¶ 10} During the pendency of the case, the Agency performed random toxicology

screens on Mother. On July 13, 2023, Mother tested positive for methamphetamines and

amphetamines. On July 19, 2023, Mother tested positive for alcohol and gabapentin, for

which she had no prescription. The Agency advised Mother to seek substance abuse

treatment via the mental health resources she had already been instructed to utilize, but

Mother never pursued substance abuse treatment.

-4- Brown CA2024-04-004

{¶ 11} Mother satisfied the parenting education and domestic violence

assessment requirements of the case plan. However, when Mother initially enrolled in

the parenting skills enrichment program in March 2023, she failed to complete the

coursework. Mother re-enrolled in October 2023 and completed the program on

December 4, 2023. Nevertheless, the professional clinical counselor assessing Mother

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Cite This Page — Counsel Stack

Bluebook (online)
2024 Ohio 3228, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-lw-ohioctapp-2024.